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Ramchandra Lalbhai Vs. Chinubhai Lalbhai

Court : Mumbai

Subject : PropertyFamily

Reported in : (1943)45BOMLR1075

No. 1 by defendant is revocable as it is not coupled with interest; Section 202 of the Indian Contract Act, 1872.13. V.F. Taraporevala. Chinubhai Lalbhai & Bros., Ltd., was formed as a device to get capital and deposits for … to property involved. There is no mutuality, which is an ingredient of specific performance : Fry. pp. 219, 220, 221; Mir Sarwarjan v. Fakiruddin Mahomed Chowdhuri I.L.R. (1911) Cal. 23210. The agreement exhibit N suffers from the

American Express Bank Ltd. Vs. Ms. Priya Puri

Court : Delhi

Subject : CivilBanking

Acts : Contract Act, 1872 - Sections 27; Specific Relief Act - Sections 14 and 41; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1, 2 and 4

Reported in : [2006(110)FLR1061]; (2006)IIILLJ540Del

other country, it may not be permissible to import the principles enunciated in different environments and laws. The Contract Act,1872 is quite exhaustive even if it may not be a complete code dealing with all the eventualities pertaining … in the contract of her appointment is restraint of trade specially after her resignation and is prohibitive under Section 27 of the Contract Act and such restraint or restriction violates and seriously impinge upon the defendant's fundamental … an implied duty of good faith upon an employee in Robb v. 220 it was held that good faith exists between the employer and those

Adduru Dasaradarami Reddy Vs. Indian Bank, Madras-body Corporate and O ...

Court : Andhra Pradesh

Subject : LimitationBanking

Acts : Limitation Act, 1963 - Schedule - Article 62; Code of Civil Procedure (CPC), 1908 - Sections 86, 87-B, 107, 220, 223, 230, 258 and 295 - Order 21, Rule 50 - Order 30, Rules 1 and 4; Usurious Loans Act, 1918; Banking Regulations Act, 1949 - Sections 21-A; Indian Partnership Act, 1932 - Sections 4; Indian Contract Act, 1872 - Sections 45

Reported in : 1999(6)ALD668; 1999(6)ALT103

Rule 4 of the Civil Procedure Code provides that notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872, two or more persons may sue or be sued in the name of a firm under the foregoing … 230, 258 and 295 of the Code of Civil Procedure, although they will not be so under Sections 220 and 223 of the Code.'15. The Full Bench referred to the observations in Hari Tara PrasannaMukherji, ILR 11

it Expressway Limited Vs. Ascent Engineers

Court : Chennai

Subject : Land Acquisition

axiomatic principle of law that novation, recession or alteration of a contract under Section 62 of the Indian Contract Act, 1872, can also be done with the agreement of both the parties to the contract. It is only both

Phoenix Mills Ltd. Vs. M.H. Dinshaw and Co.

Court : Mumbai

Subject : Contract

Reported in : AIR1946Bom469; (1946)48BOMLR313

with the performance of those obligations on the part of the defendants under Section 63 of the Indian Contract Act, 1872; and finally they also base their defence on an estoppel operating against the plaintiffs.2. The incidents of a … Biddell Brothers v. E. Clemens Horst Company [1911] 1 K.B. 214. He defines these incidents as follows (p. 220):A seller under a contract of sale containing such terms has firstly to ship at the port of shipment

B. Rajamani Vs. Azhar Sultana and ors.

Court : Andhra Pradesh

Subject : ContractCivil

Acts : Transfer of Property Act, 1882 - Sections 3 and 54; Specific Relief Act, 1963 - Sections 16, 19 and 20; Contract Act, 1872 - Sections 7, 8 and 9; Specific Relief (Amendment) Act, 1877 - Sections 27; Urban Land Ceiling Act - Sections 27; Evidence Act

Reported in : AIR2005AP260; 2005(2)ALD862

plaintiff. In the absence of any concluded contract as per Sections 7, 8 and 9 of the Indian Contract Act, 1872 (for short, the Contract Act), the plaintiff is not entitled to seek specific performance of the contract of … sale, dated 4.12.1978 in respect of property bearing Municipal No. 4-1-1 admeasuring 220 square yards situated at King Koti, Hyderabad. Her allegations in the plaint … follows. Ex.A.1 is not signed by the plaintiff and therefore it is not a valid agreement as per Section 54 of the Transfer of Property Act, 1882. The fact that plaintiff is not a signatory to Ex.A.1

Ramsaroop Mamohand Vs. Chajuram and Sons.

Court : Kolkata

Subject : Contract

Reported in : 169Ind.Cas.827

entitled on that basis. Costs will be reserved. Contract Act (IX of 1872), Sections 220, 215--Contract entered into on behalf of undisclosed principal--Agent, if entitled … perform the said contracts' deed not perhaps give an entirely accurate picture of the situation.13. Prima facie under Section 220 of the Indian Contract Act, the plaintiffs are not entitled to any remuneration in respect of the contracts … agency, to repudiate the contract. This right, however, in India is qualified by Section 215 of the Indian Contract Act which provides that:the principal may repudiate the transaction if the case shows either that any material fact has

Supreme Paper Mills Ltd., Calcutta Vs. Owners and other persons Intere ...

Court : Chennai

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) 1980 -- Sections 20; Admiralty Court Act, 1861; Letters Patent Act, 1865; Colonial Courts of Admiralty (India) Act, 1891 -- Sections 2; Colonial Courts of Admiralty Act, 1890; The Government of India Act, 1915; The Government of India Act, 1935 -- Sections 220 and 223; Indian Contract Act, 1872 -- Sections 23 and 28; Consititution of India -- Articles 225 and 226

Reported in : 1998(3)CTC85

Contract - breach - Section 20 of Code of Civil Procedure, 1908, Sections 23 and 28 of Indian Contract Act, 1872 and Articles 225 and 226 of Constitution of India - plaintiff placed orders for import of goods -

Ashwander Vs. Tennessee Valley Auth.

Court : US Supreme Court

Subject : Land Acquisition

power, in a corporation have standing to sue in its right to prevent the carrying out of a contract executed in its name by the directors with an agency of the United States, upon the grounds that … the stockholders' right of suit, it is not necessary to show that, in executing the contract, the directors acted with fraudulent intent or under legal duress or ultra vires of the corporation. In the absence of an … 174; March 3, 1871, c. 118, 16 Stat. 538, 542; June 10, 1872, c. 416, 17 Stat. 370, 372; September 19, 1890, c. 907, 26 … U. S. 89 ; Light v. United States, 220 U. S. 523 , 220 U. S. 536 … the Congress by § 3 of Article IV of the Constitution. This section provides: "The Congress shall have Power to dispose of and make all

Assistant Commissioner of Income Tax Vs. A.K. Menon, Custodian and ors ...

Court : Mumbai

Subject : Direct Taxation

Acts : Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 2 and 11(2); Income Tax Act, 1961 - Sections 2(43), 220, 220(2), 234 and 271; Contract Act, 1872 - Sections 56; Provincial Insolvency Act, 1909

Reported in : 1996(5)BomCR564

of interest. Mr. Tulzapurkar submitted that the only disability contemplated by Law is under section 56 of the Contract Act. He submitted that the Special Courts Act does not frustrate any contracts. Mr. Tulzapurkar submitted that the effect … under section 156 and for purpose of recovery it is treated as tax and, therefore, provisions contained in section 220, et seq apply, where a penalty has already been imposed but has not been paid, the income tax